![]() With this in mind, you will need to prepare several documents to file this motion. As you can see, these are incredibly unattractive options for your ex-spouse.Īs mentioned above, it is often easier to file a motion and request the Court Clerk sign the QDRO instead of your ex-spouse. Either way, the court may also hold your spouse responsible for legal fees. Filing a motion is often a simpler and less time-consuming process. QUADRO 401K HOW TOHow to File a Motion to ClerkĪlternatively, instead of filing a contempt motion, you can file a Motion to have the Court Clerk sign the QDRO on their behalf. Once your former spouse is found guilty of contempt, the court can levy a fine of no more than $1,000 or imprison your ex-spouse for no more than five days. According to California Family Law, the court may enforce a QDRO court order by contempt, the appointment of a receiver, execution (enacting the order), or any other method the court requires. This means you will file a contempt request with the court. QUADRO 401K CODEFirst, you can commence contempt proceedings under California Family Law code section 2. However, it is usually much easier to file the motion to have the Clerk sign on their behalf.Īs mentioned above, if your spouse refuses to sign a QDRO consistent with court-ordered retirement division, you have two options. Filing a contempt request with the court in order to accomplish this is an option. It is also possible that if your spouse continues to resist, the court may order them in contempt of court. ![]() Once you have that order, you no longer need your ex-spouse’s signature on the QDRO. If your spouse won’t sign the QDRO, you will need a court order that directs the court clerk to sign on their behalf. You simply must take action to make signing the QDRO seem like a superior option to refusing by filing a motion or contempt request. The good news is that most spouses do opt to sign the QDRO once they realize the negative ramifications of refusing. Once the court makes a judgment to divide retirement, there are no valid reasons for an ex-spouse to refuse to sign a QDRO. Alternatively, they may disagree with the court’s award of retirement division. As with most things revolving around the divorce, they may not want to sign the QDRO simply out of anger. Your ex-spouse may provide you with several reasons they believe they should not have to sign a QDRO. Read on to learn more about alternatives to accomplish this process. A People’s Choice can help you file the necessary documents to take action in the event your former spouse won’t sign a QDRO. ![]()
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